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TODAY'S TOP DEVELOPMENTS Monday, August 3, 2015   Industry news, expert analysis, and daily updates on the most significant insurance coverage legal developments—from the insurance and legal experts of The National Underwriter Company.  CASE LAW Superstorm Sandy Insurer’s Letter in Response to Superstorm Sandy Claim Was Ambiguous for Statute of Limitations Purposes, N.J. District Court Holds A federal district court in New Jersey has ruled that a letter sent by an insurance company to homeowners in connection with their Superstorm Sandy damages claim was not an unambiguous formal denial so as to permit the policy’s one year statute of limitations to resume running. Read More Subrogation Cause of Action for Alleged Damage to Iris Apfel’s Clothing Accrued When Cleaner Finished Its Work, Not Months Later When She Retrieved Her Garments, District Court Decides The U.S. District Court for the Southern District of New York has dismissed an insurance company’s subrogation action against the company that cleaned clothing owned by Iris Apfel that had been damaged by a water leak, finding that the insurer’s subrogation action began to accrue when the cleaner’s work had been completed, and not months later when Ms. Apfel had retrieved her garments, and that its complaint was barred by the statute of limitations. Read More Environmental Liability Absolute Pollution Exclusion Barred Coverage of Neighbors’ Claim Over Dairy’s “Noxious Odors,” Minnesota Appeals Court Rules An appellate court in Minnesota, affirming a trial court’s decision, has ruled that absolute pollution exclusions in a dairy’s insurance policies were unambiguous and excluded coverage of claims by neighbors that “invasive, offensive, and noxious odors” interfered with the enjoyment of their properties. Read More Attorney's Fees Tenth Circuit Affirms Order Requiring Insureds to Pay Insurer $78,642 in Attorneys’ Fees after They Failed to Respond to Insurer’s Unapportioned Offer of Judgment The U.S. Court of Appeals for the Tenth Circuit has upheld a district court order requiring two insureds to pay their insurance company over $78,000 in attorneys’ fees and costs after they failed to respond to an offer of judgment and the district court awarded the insurer summary judgment – even though the insurer had not apportioned its offer between the insureds. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY In the States Indiana Insurance Commissioner Warns Personal Lines Insurers About Price Optimization Indiana Insurance Commissioner Stephen Robertson has issued a bulletin to all personal lines insurers doing business in Indiana to alert them to the department’s position “that the use of price optimization in establishing rates is not permitted.” Read More Insurer Insolvency South Carolina Insurance Director Proposes Rehabilitation Plan for Multiple Employer Self-Insured Health Plan South Carolina Insurance Director Raymond F. Farmer, as rehabilitator of the South Carolina Health Cooperative Welfare Benefit Plan, a multiple employer self-insured health plan, has proposed and filed a rehabilitation plan for the health plan with the receivership court. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS FC&S Legal Publishes “Droning on About Risk: The Potential Difficulties of Insuring Remotely Piloted Aircraft Systems” Read More Ironshore Personal Lines Offers New Umbrella Coverage for High Value Homeowners Read More Ida Luka-Lognoné Becomes CEO of Allianz Worldwide Care Read More AIA Names Wes McClelland Vice President for Federal Affairs Read More Zurich Evaluates a Potential Offer for RSA Insurance Group Read More View All Industry News   Discussion Explosion, Collapse, and Underground Exclusions Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire July/August Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@alm.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@alm.com FC&S Legal Editorial Advisory Board Mitchell J. Auslander, Willkie Farr & Gallagher LLP Carrie Cope, Schuyler, Roche & Crisham, P.C. Anjali C. Das, Wilson Elser John F. Finnegan, Chadbourne & Parke LLP Michele L. Jacobson, Stroock & Stroock & Lavan LLP Timothy P. Law, Reed Smith LLP Cort T. Malone, Anderson Kill, P.C. Richard D. Milone, Kelley Drye & Warren LLP Joseph P. Monteleone, Rivkin Radler LLP Anne M. Murray, Rivkin Radler LLP Jerold Oshinsky, Kasowitz, Benson, Torres & Friedman LLP Seth B. Schafler, Proskauer Rose LLP Thomas F. Segalla, Goldberg Segalla David D. Thamann, The National Underwriter Company FC&S Daily Legal Report ($1,295 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. FC&S Daily Legal Report and The Insurance Coverage Law Report are publications of The National Underwriter Company. For more information, visit www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@nuco.com. FC&S Legal: The Insurance Coverage Law Information Center    LinkedIn   To ensure future delivery of email, please add admin@list.nationalunderwriter.com to your address book, contacts or safe sender list. You have received this email at %%merge members_.emailaddr_%%. Click here to unsubscribe from %%merge list.descshort%%. Copyright ©2015 Summit Professional Networks, A Division of ALM Media LLC. All rights reserved. 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874